Actually divorce is generic term used for dissolution of marriage . Court declare a marriage null and void . Bigamy is ground of declaring null and void. In this drama since Malini does’nt want to hurt her ego without disclosing this point she move ahead with divorce. If the parties doesn’t claims the remedy it is not the duty of court to go ahead dig into matters … so judgement will be as dissolution of marriage . Until and unless she files a criminal case and fir is initiated adhithya will not be prosecuted for bigamy.. not sure but I think locus standi is necessary for crime of bigamy…only affected parties can move .
I am siting a real time example ( not on bigamy)
A lady initiated criminal case of cheating for not disclosing actual age . And in family court she filed for divorce.
This method must have done.
I am quoting from an article by Sanjukta Basu Ishti Kutum- Archi Mum's divorce- Legal position of both marriages, validity of tribal marriage as the same rules probably apply here as well.
"this divorce is important for Mun. As far as Archi is concerned he is clear that he doesn’t need a divorce from this marriage with Mun, because it is invalid right from the start and Baha is his only legally wedded wife. But just like for Archi his wedding with Baha is a truth, for Mun her wedding with Archi is also one of her greatest truth. Her marriage was conducted both by socially following all rituals as well as registered. She cannot suddenly walk out of this marriage and pretend like it never happened. She needs a closure on this truth, and only a formal legal piece of paper would be able to give her that."
"Another reason the divorce is important to Mun is because she wants to be known as the one to leave her husband, rather than the one whose husband dumped her for a poor young tribal girl. Her greatest loss, as she perceives it, is not so much of the pain that Archi fell out of love after 7 years of their relationship but that her paramour is Baha, of all the people, the uncultured uncivilized village girl. She would never let ‘her’ world know that it was not her but Archi who fell in love with a new person outside this marriage. So she created the false story of Dhrubo Sen, an imaginary man she is in a relationship with and thus the urgency for divorce." When Malini tried to commit suicide... Where she had doubt about Adi and Imlie she did say that what will she say to people and how can she tell people that Adi left her for Imlie. She truly loves Imlie but probably has these thoughts in the back of her head.
Legal aspects of the marriage between Archie and Baha
I am quoting from an article by Sanjukta Basu Ishti Kutum- Archi Mum's divorce- Legal position of both marriages, validity of tribal marriage as the same rules probably apply here as well.
"this divorce is important for Mun. As far as Archi is concerned he is clear that he doesn’t need a divorce from this marriage with Mun, because it is invalid right from the start and Baha is his only legally wedded wife. But just like for Archi his wedding with Baha is a truth, for Mun her wedding with Archi is also one of her greatest truth. Her marriage was conducted both by socially following all rituals as well as registered. She cannot suddenly walk out of this marriage and pretend like it never happened. She needs a closure on this truth, and only a formal legal piece of paper would be able to give her that."
"Another reason the divorce is important to Mun is because she wants to be known as the one to leave her husband, rather than the one whose husband dumped her for a poor young tribal girl. Her greatest loss, as she perceives it, is not so much of the pain that Archi fell out of love after 7 years of their relationship but that her paramour is Baha, of all the people, the uncultured uncivilized village girl. She would never let ‘her’ world know that it was not her but Archi who fell in love with a new person outside this marriage. So she created the false story of Dhrubo Sen, an imaginary man she is in a relationship with and thus the urgency for divorce." When Malini tried to commit suicide... Where she had doubt about Adi and Imlie she did say that what will she say to people and how can she tell people that Adi left her for Imlie. She truly loves Imlie but probably has these thoughts in the back of her head.
Legal aspects of the marriage between Archie and Baha
But here, the first point becomes moot, as in this case Imlie and Aditya were married at gunpoint. So here there was consent only from Imlie (when she says that if my marriage is the only way to save him, then I am willing to do so) and not Aditya, then will that point be held true here as well?
Consent is defined based on minority or of insane mind …. This is literal interpretation…according to the judges conscience scenario will be analysed…free will is necessary in case of Muslim marriage… Hindu marriage is solemnized so contractual validity is not come into scenario… even at gunpoint all the rituals have done by sane mind and major adults.
Think of another scenario if your mother says I will commit suicide if you will not marry this man/ woman and standing firmly on her decision and you get Married … wat will the consequences???
Coming to show here adhithya was questioned by the lodge receptionist about why you make complaint…he actually outburst towards him… adhithya’s mind also some how accepted that marriage but his ego and pride doesn’t allow to admit it
But Aditya married Malini by his own will, and his marriage with Imlie was forced and he never accepted it.
So which one is valid?
Till adhithya goes to court and aquire a judgement in favour of him the first marriage is valid and second is invalid …. And also one important thing the scenario of Imlie’ s marriage is not void abinitio ( void from the very first point) by holding the situation if he is so adamant he can only make the Marriage voidable….it’s according to his wish … but always Malini’s marriage is void from very first instant … due to living spouse and first marriage is not annulled by any judgement… what ever thing based on custom becomes invalid when it takes to court and challenge… not by saying to himself and to imlie it will not change… since custom is one of the most important source of law of our country…
Eg: sapinda marriage are not allowed under Hindu marriage act and it is null and void but some South Indian state including Kerala follows the custom of marriage between children of brother and sister ie sisters son can married to brothers daughter… where matriarchy practice this is common… ( now a days not regularly followed … but still marriages are done)
Family laws mainly follows principle of natural justice so winning of case by adhithya ( if he files case) cannot be assure
I am a law professional and currently working in criminal justice department… my opinions and assumptions are purely based on my pov and practical situations prevelant in our system… there maybe fault in this views…
Till adhithya goes to court and aquire a judgement in favour of him the first marriage is valid and second is invalid …. And also one important thing the scenario of Imlie’ s marriage is not void abinitio ( void from the very first point) by holding the situation if he is so adamant he can only make the Marriage voidable….it’s according to his wish … but always Malini’s marriage is void from very first instant … due to living spouse and first marriage is not annulled by any judgement… what ever thing based on custom becomes invalid when it takes to court and challenge… not by saying to himself and to imlie it will not change… since custom is one of the most important source of law of our country…
Eg: sapinda marriage are not allowed under Hindu marriage act and it is null and void but some South Indian state including Kerala follows the custom of marriage between children of brother and sister ie sisters son can married to brothers daughter… where matriarchy practice this is common… ( now a days not regularly followed … but still marriages are done)
Family laws mainly follows principle of natural justice so winning of case by adhithya ( if he files case) cannot be assure
I am a law professional and currently working in criminal justice department… my opinions and assumptions are purely based on my pov and practical situations prevelant in our system… there maybe fault in this views…
Hats off to you.
Consent is defined based on minority or of insane mind …. This is literal interpretation…according to the judges conscience scenario will be analysed…free will is necessary in case of Muslim marriage… Hindu marriage is solemnized so contractual validity is not come into scenario… even at gunpoint all the rituals have done by sane mind and major adults.
Think of another scenario if your mother says I will commit suicide if you will not marry this man/ woman and standing firmly on her decision and you get Married … wat will the consequences???
Coming to show here adhithya was questioned by the lodge receptionist about why you make complaint…he actually outburst towards him… adhithya’s mind also some how accepted that marriage but his ego and pride doesn’t allow to admit it
Legally forced marriage comes into the category of voidable marriage. Any party have right to dissolve such marriage. Aditya and imlie never consummate their marriage nor they accepted it. When malini aditya marriage took place. Legal point came here court didn't declare it void as Aditya never went to court. But denies it even imlie accept it on the event if his marriage to Malini. This made malini and aditya marriage valid. If he is saying they accepted forced marriage now. Court have to see the facts and validity of marriage. If court declare Malini marriage invalid . Aditya par sec 493 ipc with sec 375(4) lagega.The offense of deceit in marriage is defined in Section 493 of the Indian Penal Code. If a man deceit a woman to believe her that she is lawfully married to him and believing that she cohabitates and has sexual intercourse with him, then the man is said to have committed the offense according to Section 493 of the IPC. Edited by DT As he consummate marriage with Malini while he made her believe she is his legal wife. Cheating ka section aditya aur imlie dono par lagega.
It's good for Aditya wo Malini se legally divorce hi le le . Why the hell Malini is not sending him to jail
Edited by braveheartdoc - 2 years ago